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Home My WebLink About#2960- Deed; CONSENT TO ANNEXATION - SEWER WATER A part of the NE quarter of Sec 25 Twnshp 38 N Rge 2 East, Clay Twnshp2 �60 4/26/2005 Consent to Annexation-Sewer/Water LOT NO. SUB: PendIe Woods SubDiv Holladay Midwest I, LLC 227 S Main St Description: A part of the NE quarter of Sec 25 Twnshp 38 N Rge 2 East, Clay Twnshp 1316 COUNTY -CITY BUILDING 227 W. ]E.FFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 2, 2005 Mr. Frank Perri Holladay Midwest I, LLC 227 South Main Street South Bend, Indiana 46601 Pr1ow 5741235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER Pendle Woods Subdivision Dear Mr. and Mrs. Hensley: ion ith The Board of Public Works recorded the above referr dto is enclosed fConsent to or yourtrecords the St. Joseph County Recorder's Office on April 26, 2005. A copy If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, Angela K. Jacob, Clerk P. CARL LITTRCLL P.C. DONALD E_ . INKS A i'n rvr n C , _ �'[:CCh'Dr=D Gll C (. JOSEPH RECORDER OEIhITY R C FETE: 7. Qg PnGES: I fold Rec ded cop for Board of Public Works CONSENT TF RIGHT TO RE ANDO ACKNOWLEDGMENT OIVER F CITY COMPACT F ES ATE In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: LEGAL DESCRIPTION: A part of the Northeast Quarter of Section 25, Township 38 North, Runge 2 East. Clay Township. St. Jo-scnh County. lndin— being more particularly described as Ibllnws: Commencing at the west Quarter Corner of said Section 25, said comer being marked by a railroad spike, flush with pavement; thence along the East and West Centerline of said Section 25, South 89 Degrees 45 Minutes 56 Seconds East, a distance of 2656.78 feet to the Southwest Corner of said Northeast Quarter, said corner lying South 00 Degrees 20 Minutes 20 Seconds East, a distance of 2639.40 feet from a Harrison Monument, flush with pavement, marking the North Quarter Corner of said Section 25; thence continuing South 89 Degrees 45 Minutes 56 Seconds East, a distance of 332.89 feet to the Southeast Comer of Karras David Street Minor Subdivision, recorded under Instrument Number 0258954, in the Office of Recorder of said County; thence North, parallel with the West line of the Northeast Quarter of said Section 25, North 00 Degrees 20 Minutes 20 Seconds West, a distance of 910.24 feet to the Northeast Comer of Lot Number 2 in said Karras David Street Minor Subdivision; thence North along the East line of property described in Deed Record Book 745, Page 160, North 00 Degrees 14 Minutes 39 Seconds West, a distance of 387.34 feet, more or less, to a point on the centerline of Juday Creek also being the Southerly right of way line of the Indiana Toll Road, said point lying 333.55 feet East of the West line of said Northeast Quarter; thence along the centerline of Juday Creek and said Southerly right of way, a distance of 58.66 feet, more or less, to the East line of the West Half of the West Half of the Northeast Quarter of said Section 25; thence South along said East line also being said Southerly right of way, South 00 Degrees 16 Minutes 49 Seconds East, a distance of 33 feet, more or less; thence Southeast, along said Southerly right of way, South 48 Degrees 32 Minutes 19 Seconds East, a distance of 107.86 feet to the point of curvature of a tangent spiral, as defined by Toll Road plans dated, October of 1954, Contract Number C-28-29, on sheet 1 I of 81, on file in the Indiana Toll Road Commission Office; thence along said spiral curve, a distance of 26.15 feet; thence South 00 Degrees 16 Minutes 49 Seconds East, a distance of 870.48 feet to the South line of said Northeast Quarter; thence West along the South line of said Northeast Quarter, North 89 Degrees 45 Minutes 56 Seconds West, a distance of 432.97 feet to the point of beginning; said described tract containing 10.843 acres, more or less; subject to any casements, covenants, restrictions, and right of way of record. Said parcel to be known as Cottages at Pendel Wood Subdivision. SEWER AND WATER Holladay Midwest I, LLC Mailing Address: Same Frank Perm Senior Vice President of Development 227 South Main Street South Bend, IN 46601 x+v�+:w y t"+mow �, +..u. ••,,,,.w ., �, ... v,w ..won. or uovctopmcnt, owner ot•the Real E-stute, (hercinaler -Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject t the temis of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisi s by said , vendee, or contract purchaser and their successors in title. 6 Holladay Midviust 1, LLC Frank Pctr j, Senior Vice President ofDevelopment STATE OF INDIANA COUNTY OF ST. JOSEPH ) SS: Before me, a Notary Public in and for said County and State, personally appeared Holladay Midwest I, LLC Frank Perry, Senior Vice President ofDevelopment, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. II WITNESS my hand and Notarial Seal this tI Day of 4r) E 200•6 T41t �� a1�f , CAROL L. BENSCOTER, Notary Public (Written Sig tore) 7 - -,:. t A Resident of Elkhart County, IN Printed �, My Commission Expires: 11-14 2012 i A resident of St. Joseph County, Indiana. "t' � My Commission Expires: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, JN 46601. F.IOATAISHAREIENGrINEERIWPDATAICONSENTCOM2.wpd RECORDED ON 04/26/2005 02:46:0OPN TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 �Iolec9rded cop f r• Board of Public Works / CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: LEGAL DESCRIPTION: A Part of the Northeast Quarter of Section 25. r'ownshir, 39'North. R.,meo 2 l;ast, Clay -rownshi,,. St. ]-01, C—ty.,h,ate.h..- being More particularly described as follows: Commencing at the West Quarter Comer of said Section 25, said comer being marked by a railroad spike, flush with pavement; thence along the East and West Centerline of said Section 25, South 89 Degrees 45 Minutes 56 Seconds East, a distance of 2656.78 feet to the Southwest Corner of said Northeast Quarter, said corner lying South 00 Degrees 20 Minutes 20 Seconds East, a distance of 2639.40 feet from a Harrison Monument, flush with pavement, marking the North Quarter Corner of said Section 25; thence continuing South 89 Degrees 45 Minutes 56 Seconds East, a distance of 332.89 feet to the Southeast Comer of Karras David Street Minor Subdivision, recorded under Instrument Number 0258954, in the Office of Recorder of said County; thence North, parallel with the West line of the Northeast Quarter of said Section 25, North 00 Degrees 20 Minutes 20 Seconds West, a distance of 910.24 feet to the Northeast Comer of Lot Number 2 in said Karras David Street Minor Subdivision; thence North along the East line of property described in Deed Record Book 745, Page 160, North 00 Degrees 14 Minutes 39 Seconds West, a distance of 387.34 feet, more or less, to a point on the centerline of Juday Creek also being the Southerly right of way line of the Indiana Toll Road, said point lying 333.55 feet East of the West line of said Northeast Quarter; thence along the centerline of Juday Creek and said Southerly right of way, a distance of 58.66 feet, more or less, to the East line of the West Half of the West Half of the Northeast Quarter of said Section 25; thence South along said East line also being said Southerly right of way, South 00 Degrees 16 Minutes 49 Seconds East, a distance of 33 feet, more or less; thence Southeast, along said Southerly right of way, South 48 Degrees 32 Minutes 19 Seconds East, a distance of 107.86 feet to the point of curvature of a tangent spiral, as defined by Toll Road plans dated, October o€1954, Contract Number C-28-29, on sheet 11 of 81, on file in the Indiana Toll Road Commission Office; thence along said spiral curve, a distance of 26.15 feet; thence South 00 Degrees 16 Minutes 49 Seconds East, a distance of 870.48 feet to the South line of said Northeast Quarter, thence West along the South line of said Northeast Quarter, North 89 Degrees 45 Minutes 56 Seconds West, a distance of 432.97 feet to the point of beginning; said described tract containing 10.843 acres, more or less; subject to any easements, covenants, restrictions, and right of way of record. Said parcel to be known as Cottages at Pendel Wood Subdivision. SEWER AND WATER Holladay Midwest I, LLC Mailing Address: Same Frank Petri Senior Vice President of Development 227 South Main Street South Bend, IN 46601 Holladay Midwest I, LLC Frank Peny, Senior Vice President of Development, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "'total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject t the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisi s by said ,vendee, or contract purchaser and their successors in title. A l"PitO VED Board of Pal3lie Iolladay Midwest I, LLC Frank Perri, Senior Vice President of Development - - - STATE OF INDIANA ) SS: - COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Holladay Midwest I, LLC Frank Perry, Senior Vice President of Development, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this Day of 4n 200 6 E T4I� &LOup./_ _ WQJLA_ a;r CAROLL. BENSCOT ER, Notary Public Written Si lure �'r�- rta 1 L l�jc r �Nn� �4¢� 1 ,ri A Resident of Elkhart County, lTy Printed ,, My Commission Expires:11-14-20,12 'I A resident of St. Joseph County, Indiana. "' My Commission Expires: i- � �-3� This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. F:IDATA\SH.ARE, \ENGINEER\WPDATA\CON SENTCON12.wpd